PARGANA OF KASWAR RAJA ACT, 1911

Preamble - PARGANA OF KASWAR RAJA ACT, 1911

THE PARGANA OF KASWAR RAJA ACT, 1911 [1]

[Act No. 01 of 1911][2]

[ 25th February, 1911]

PREAMBLE

Adapted and modified by the Government of India (Adaptation of Indian Laws) Order, 1937

Adapted and modified by the Adaptation of Laws Order, 1950

An act to regulate the administration of the pargana of Kaswar Raja

Whereas the pargana of kawsar raja forms part of the family domains of the raja of benares; and whereas by agreement between the raja of benares and the british government the raja will from the date specified in the agreement have in the said pargana the status and responsibilities of a landholder under the ordinary law, and the special privileges which he has hitherto enjoyed under bengal regulations no. Xv of 1795[3] and no. Vii of 1828[4] will cease; and whereas this change in his status involves the substitution for the administration by his officers of administration by officers of the british government; and whereas it is desirable that until any law is enacted stating the laws which shall be in force in that pargana and the rights and responsibilities appertaining to, and the powers exercised, and the customs followed by, the inhabitants of that pargana or any of them, existing rights, responsibilities, powers and customs should continue unchanged; and to obtain as soon as possible an accurate record of the said rights, responsibilities, powers and customs; and to prevent the immediate enforcement in the said pargana of certain provisions of law applicable to other parts of the united provinces of agra and oudh and not already applicable to the said pargana; it is hereby enacted as follows:

Section 1 - Short title and extent

This Act may be called the Pargana of Kaswar Raja Act, 1911.

It extends to the pargana of Kaswar Raja in the district of Benares.

It shall come into force on such day[5] as the [State Government][6] may, by notification in the [Official Gazette][7], appoint in this behalf.

Section 2 - Definitions

In this Act the terms "Native Commissioner," "Superintendent" and "Deputy Superintendent" mean the officers holding those titles appointed under Bengal Regulations no. VII of 1828[8].

Section 3 - Reservation of existing rights or interests in land

The transfer of administration of pargana Kaswar Raja from the Raja of Benares to the * * *[9] Government shall not affect any proprietary right or interest hitherto held by the Raja or any right or interest of any person other than the Raja in land in that pargana; and all responsibilities falling upon and all powers exercisable by any such person other than the Raja before such transfer, and all customs as to sale or other transfer of such right or interest prevailing at the date of such transfer, shall continue in force.

Section 4 - Cessation of right of Raja of Benares to collect, by revenue processes sums due to him

The right which has hitherto been exercised by the Raja of Benares to collect by revenue processes, sums due to him from persons having rights or interests in land or occupying land in the said pargana shall cease from the date of the said transfer. If any sum so due cannot be recovered by the Raja he shall have the right to sue for its recovery in the court of an Assistant Collector of the Benares district.

Section 5 - Procedure in ejectment cases

The practice at present followed by the Raja of ejecting certain tenants by notice or revenue process shall cease. The Raja may proceed by suit for ejectment.

Section 6 - Trial of revenue suits

Any suit or proceeding cognizable by a revenue court under the rent or revenue law applicable to Agra which would before the commencement of this Act have been brought in the court of (i) the Raja, the Native Commissioner, or any other of the Raja's Officers, (ii) the Deputy Superintendent, or (iii) the Superintendent or the Board of Revenue, shall thereafter be brought in the court of (i) the Assistant Collector having jurisdiction, (ii) the Collector or (iii) the Commissioner respectively.

Section 7 - Procedure in suits referred to in sections 4, 5 and 6

Suits and proceedings under section 4, section 5 or section 6 shall be heard and determined in the manner prescribed for the hearing and determination of similar suits or proceedings in Agra, and the provisions of the law in force in Agra relating to appeals and revision in such similar suits and proceedings shall apply.

Section 8 - Trial of suits or appeals of a civil nature relating to land

All other suits, appeals and proceedings of a civil nature relating to land shall from the said date be filed in the civil courts of the Benares district.

Section 9 - Transfer of suits and appeals pending at the commencement of the Act

(1)     All revenue suits, appeals and proceedings pending at the date of the commencement of this Act shall be transferred to the revenue courts competent to try them under section 6 of this Act and appeals and applications for revision in such cases disposed of before the said date shall lie to the court to which such appeal or application would, if pending, be transferred under this section.

 

(2)     Other suits and proceedings of a civil nature relating to land pending in the court of the Native Commissioner on the said date shall be transferred for disposal to the civil court of the Benares district competent to try the same.

Appeals from decrees or orders passed in suits or proceedings of the said nature pending in the court of the Deputy Superintendent shall be transferred to the court of the District Judge of Benares where the value of the original suit in which, or in any proceeding arising out of which the decree or order was made did not exceed five thousand rupees, and to the High Court in any other case.

Appeals and applications for revision in suits or proceedings of the said nature pending before the Board of Revenue on the said date shall be transferred to the High Court.

Appeals and applications for revision in suits or proceedings of the said nature disposed of by the Native Commissioner or the Deputy Superintendent before the said date shall lie to the court to which such appeal or application would, if pending, be transferred under this sub-section.

Section 10 - Appointment of a record officer

(1)     As soon as possible after the transfer of administration, the Government shall appoint a record officer for the said pargana, who shall have all the powers of a record officer under the United Provinces Land Revenue Act 1901(U.P. Act III of 1901) [10]. Such officer in recording the nature and class of the tenure or occupancy of any person having a right or interest in or occupying land shall not be limited by the classes of tenure described in the Agra Tenancy Act, 1901 (U.P. Act II of 1901)[11], but shall record the rights and interests and occupancies which he finds actually to prevail. He shall prepare registers and other records in the manner and following generally the forms prescribed in the rules and orders issued under the United Provinces Land Revenue Act, 1901 (U.P. Act III of 1901)[12], with such changes as the Board may direct or approve. In addition to such records and registers he shall prepare a clear report describing definitely the exact nature of each class of right, interest, tenure or occupancy which he finds to exist in the pargana.

 

(2)     Until such records have been prepared by the record officer, the existing settlement records shall be presumed to be correct until the contrary is proved.

Section 11 - Right of Raja of Benares to property of tenants dying intestate and without heirs

The right of the Raja of Benares to houses, trees and holdings of subordinate tenure holders and tenants dying intestate and without heirs shall continue, and his right to the other immovable property of subordinate tenure holders in the said pargana who may die intestate and without heirs shall also continue.

Section 12 - Patwaris and Kanungos

The provisions of the United Provinces Land Revenue Act, 1901 (U.P. Act III of 1901)[13], relating to patwaris and Kanungos shall, so far as they are applicable, apply to the said pargana.

Section 13 - Local rate

The rate which is levied or may be levied under section 4 of the Benares Family Domains Act, 1904 (U.P. Act III of 1904)[14], in the said pargana continue to be levied or leviable.

All rates realized by the Raja shall be paid to the Collector of Benares, shall be credited to district fund of the Benares district established under the United Provinces District Boards Act, 1906 (U.P. Act II of 1906) [15], and shall be used by that board in accordance with the terms of the said Act:

Section 14 - Vesting of certain property in the Benares district board

All property hitherto vested in the Family Domains local rates fund within the limits of the said pargana shall vest in the Benares district board.